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TROSHYNSKI v. STATE BD. OF PUB. ACCOUNTANCY

No. S-04-510.

701 N.W.2d 379 (2005)

270 Neb. 347

John A. TROSHYNSKI, appellee v. NEBRASKA STATE BOARD OF PUBLIC ACCOUNTANCY, an agency of the State of Nebraska, appellant.

Supreme Court of Nebraska.

August 5, 2005.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, and Lynn A. Melson, Lincoln, for appellant.

D.C. Bradford and Justin D. Eichmann, of Bradford & Coenen, Omaha, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

The Nebraska State Board of Public Accountancy (the Board) appeals from an order of the district court for Lancaster County reversing the Board's decision to deny John A. Troshynski a certificate of certified public accountant (CPA) based upon his prior felony conviction. We are asked to decide whether Neb.Rev.Stat. § 1-114 (Cum. Supp. 2004) prohibits the Board from exercising discretion to refuse a certificate...

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